Case Law Details

Case Name : Xerox India Limited Vs DCIT (ITAT Delhi)
Appeal Number : ITA No. 1580/Del/2010
Date of Judgement/Order : 08/11/2013
Related Assessment Year : 2004- 05
Courts : All ITAT (5569) ITAT Delhi (1266)
Issue – Whether Ld.CIT(A) is  correct in denying additional claims on the ground that claims were not made by way of filing the revised return under Section 139(5) of the Income-tax Act, 1961, where the assessee did neither claim those additional claims in the Original/Revised return nor claimed before Assessing Officer but were claimed first time before the ld.CIT(A)?

Held :- That the issue is squarely covered in favor of the assessee by the decisions of  Hon’ble Jurisdictional High Court.That in the case of Sam Global Securities Ltd. (supra), the facts were that in the return of income, the assessee had not claimed exemption under Section 10(35) on the dividend income from the mutual funds and the loss on sale of units as business loss. During assessment proceedings, the assessee filed the revised computation of income claiming exemption as well as business loss. However, the Assessing Officer as well as CIT(A) rejected the assessee’s claim on the ground that the assessee had not claimed it by filing of revised return under Section 139(5) within the time limit.

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Category : Income Tax (28540)
Type : Judiciary (12838)
Tags : ITAT Judgments (5749) Section 139(5) (11)

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